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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 2013, 2013, the Defendant: “The 2014 Highest 268”) recruited the members from E-cafeteria, which is located in Chungcheongnam, to which the 24 members of the Defendant, including the State and C, are the successful bidder at the E-cafeteria located in Chungcheong D on February 20, 2013.
However, in fact, the Defendant did not have a stable income under the circumstances where the obligation is more than KRW 140 million, and had to bear the cost of KRW 7 million per month only with the fraternity, so even if the Defendant received the time limit money, he did not have an intent or ability to provide the time limit money to the successful bidder, or to provide the time limit money after receiving the time limit money.
Nevertheless, as seen above, the Defendant: (a) was so established on the same day from the victims (F, G, H, I 2 Guide, K, K, L2 Guide, M, N,O, P, Q, Q, Q, S, T, and U) and paid 45,00,000 won (=2,50,000,000 x 18 Guide) for the Defendant’s time limit deposit; (b) March 21, 2013; (c) the victims (V,F, G, H, I 2 Guide, W, 2 Guide, L, K, M,O, P, Q, Q, T, U, X, M, X, Y, and Z) under the pretext of time limit money to be paid to A; (d) the Defendant received KRW 43,785,00,00 in cash or deposited the suspect’s account directly in the name of the Defendant’s household account under the name of 180,08.
around December 14, 2012, the Defendant heard that the victim AC establishes a successful bid system of 25 foot 25,000 won each month, and that “the victim shall continuously pay 24,500,000 won for 24 months” shall be subscribed to the highest bid system.
“Around 12:00 on January 14, 2013, the Defendant subscribed to the said award. Afterwardly, the Defendant attended the two-time conference held in the “AD restaurant” located in Chungcheongnam-Namnam, and submitted to the page “10,000 won,” which is the highest amount of damages among the members of the fraternity while the members of the fraternity gather, and received 48:5 million won from the victim’s account in the name of the Defendant.